Ex parte KLING et al. - Page 5




          Appeal No. 2000-0855                                                        
          Application No. 08/597,377                                                  


          reference (see Kalman v. Kimberly-Clark Corp., 713 F.2d 760,                
          772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465                  
          U.S. 1026 (1984)).                                                          
                                       Claim 1                                        
               Independent claim 1 is directed to a method of securing                
          an elastic band between two layers of at least partially                    
          meltable material comprising the steps of: placing a stretched              
          elastic band between two layers of at least partially meltable              
          material;                                                                   




          and forming perforations in the stretched elastic band                      
          directly followed by bonding together through said                          
          perforations portions of said layers located opposite said                  
          perforations by heat fusion so that the layers are bonded to                
          one another through the perforations while the elastic band is              
          movable relative to the layers.                                             
               Proxmire teaches a disposable diaper comprising an                     
          absorbent core 38 enclosed between a liquid-permeable bodyside              
          liner 34 and a liquid-impermeable barrier 36.  The diaper is                
          described as having front 13 and rear 14 waist sections which               
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